UPSC Prelims 2021 Q79: Indian Polity – Fundamental Rights
- (a) Article 15
- (b) Article 19
- (c) Article 21
- (d) Article 29
Answer: (c) Article 21
Explanation
Right to Privacy - Constitutional Article
| Article | Right Protected |
|---|---|
| Article 15 | Prohibition of discrimination |
| Article 19 | Freedom of speech, assembly, movement, etc. |
| Article 21 | Right to Life and Personal Liberty (INCLUDES Right to Privacy) |
| Article 29 | Cultural and educational rights of minorities |
Right to Privacy is protected under Article 21 (Right to Life and Personal Liberty). Recognised as a fundamental right by the Supreme Court in the landmark Justice K.S. Puttaswamy v. Union of India (2017) case - a 9-judge Constitution Bench ruled unanimously that privacy is intrinsic to life and personal liberty, and to the freedoms guaranteed by Part III of the Constitution.
Answer: (c) Article 21.
Why each option is right or wrong
- (a) Incorrect. Article 15 prohibits discrimination on grounds of religion, race, caste, sex, place of birth - not privacy directly.
- (b) Incorrect. Article 19 lists specific freedoms (speech, assembly, movement, etc.) - privacy is not enumerated there.
- (c) CORRECT. Right to Privacy is protected under Article 21 (Right to Life and Personal Liberty). Established as a fundamental right by the 9-judge Constitution Bench in Justice K.S. Puttaswamy v. Union of India (2017).
- (d) Incorrect. Article 29 protects cultural and educational rights of minorities.
Key point
Right to Privacy = Article 21 (Right to Life and Personal Liberty). Established as fundamental right in Justice K.S. Puttaswamy v. Union of India (2017), 9-judge Constitution Bench unanimous verdict. Overruled earlier decisions (MP Sharma 1954, Kharak Singh 1962).
Remember
Right to Privacy is protected under Article 21 (Right to Life and Personal Liberty) of the Constitution of India. Established as a fundamental right by the 9-judge Constitution Bench in Justice K.S. Puttaswamy v. Union of India (2017). Correct answer: (c).
Common mistakes
- Not knowing Puttaswamy (2017) is the landmark privacy case - 9 judges unanimous, overruling MP Sharma and Kharak Singh.
- Confusing privacy (Article 21) with data protection (statutory - DPDP Act 2023).
- Missing that Puttaswamy also laid down the 'proportionality test' for state actions restricting privacy.
Exam tip
Article 21 expanded interpretations: (i) Right to Privacy (Puttaswamy 2017), (ii) Right to Livelihood (Olga Tellis 1985), (iii) Right to Education (Unnikrishnan 1993, later Article 21A), (iv) Right against Torture (DK Basu 1997), (v) Right to Dignity (Maneka Gandhi 1978), (vi) Right to Clean Environment (MC Mehta cases).
Sources
- Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1
- Article 21 of the Constitution of India